Planning & Development

Council's Planning and Development Department helps to conserve, protect and enhance the natural and built environment of the Mid-Western Region and to improve the quality of life for our community and future generations. Council has a primary responsibility of ensuring our sensitive environment is retained and, where possible, enhanced through the application of appropriate building and development controls for the benefit of residents and visitors alike.

This section of Council’s website provides information on buying a property, strategic planning, carrying out development and how to prepare development applications.

For all items currently on display including recent updates, Development Applications, Policies and Local Environmental Plans please check out our News and Exhibitions page.

The Planning and Development Department is comprised of three sections: Statutory Planning, Environmental Health and Building Control and Strategic Planning and the Environment. A summary of the functions performed by each section is below.

Environmental Health and Building Control

Development Applications for residential development (dwellings, sheds, garages), Construction Certificates, Complying Development, Food Premises Establishment and Inspection, On-site waste disposal, Environmental Protection (air, noise, water), Plumbing and Drainage.

Statutory Planning

Development Applications (units, industrial, commercial development), Subdivision, Illegal Land Use and Development Compliance, Heritage Conservation.

Strategic Planning & the Environment

Strategic Land Use Studies, Local Environmental Plans, Development Control Plans, Section 94 Developer Contributions, State of the Environment Reporting, Riverbed Regeneration, Environmental Projects.

Do you have a Planning and Development enquiry?

A Town Planner is available every day at the Planning and Development Enquiry Counter to assist you with your planning enquiries. If you are unable to attend Council’s Mudgee Administration Building in person, you can contact the Planning and Development Department by phone, on (02) 6378 2850, via email at council@midwestern.nsw.gov.au or by mail marked attention of the Planning and Development Department, Mid-Western Regional Council,
86 Market Street, Mudgee NSW 2850.

Development

How long does a development application (DA) take to be processed?: Legislation enables an applicant to appeal to the Land and Environment Court if the application is not determined in 40 days. Most applications at Mid-Western are determined within 35 days depending on objections and incomplete information.
What do I do if my DA is about to expire and I haven’t started to build yet?: Contact Council to determine whether there is any other means of commencing your approval so that it will not expire. It is not possible for Council to extend development consents as it is regulated by state legislation.
I want to set up a business in the business area of town. What do I need to do?: Refer to the Taking over a Business page.
What is the difference between a DA and a CDC, how do I know which one I need?: A development application (DA) is considered on merit and generally takes around 30-40 days. A complying development certificate application (CDC) is required to meet set criteria and can be issued within 10 days. A CDC is quicker and cheaper as you only pay the equivalent of a Construction Certificate (CC) fee. Only some types of development can be dealt with as complying development such as dwellings and sheds.
I want to cut down a tree in my backyard. Do I need approval?: The cutting down of a tree may require approval under a local environmental plan (LEP) depending on where you live. There are two laws that impact on trees and these are heritage conservation areas and tree preservation orders. If you live in a heritage conservation area (these areas exist in Gulgong, Hargraves, Mudgee and Rylstone) or you are affected by a tree preservation order, you should consult with Council to determine whether you need approval before doing any work.
Do I need approval to remove a tree on my rural property?: Council does not have any laws regarding tree removal in rural areas. There is legislation governing this type of activity and more information can be obtained from the following website; www.environment.nsw.gov.au/vegetation/nvmanagement
Where do I get soil assessments for my DA?: A soil assessment is required to determine the classification of the soil where a slab is to be poured. Depending on the classification, you may be required to pier deeper if fill is found or use stringer cement in the concrete slab if the soil is more reactive.
I am looking at buying a rural property, can I build on it?: This can be a complex and confusing issue, refer to the ‘Buying a Property’ and ‘Getting Started’ pages of this website for information on how to answer this question.
Where do I get an indigenous cultural heritage assessment for my DA?: Council often requires these types of heritage assessments where it has been identified that the landscape has been identified as sensitive and these include drainage channels/water courses and elevated areas. The purpose of the assessment is to determine whether the proposal will impact on any indigenous artefacts. You should contact the National Parks and wildlife Service to determine the process for getting such an assessment. The NPWS also administer the Australian Heritage Information Management System (AHIMS) and you can request a search of your property from this database to determine whether there are any registered artefacts on your property.
Where do I get bushfire assessments done for my DA?: You can contact any environmental consultant in the Yellow Pages to determine whether they have experience in preparing such assessments or contract the NSW Rural Fire Service to see if they have a register of experienced consultants.
I wish to open a B&B – What do I need to do?: The NSW Exempt & Complying Development SEPP does not require approval to be sought for B&B’s however; there may be other requirements due to your site being bushfire prone or being located within a heritage conservation zone. It is recommended that you contact the Planning & Development Enquiry Counter for further advice.
Do I need a development application (DA)?: This can be a complex and confusing issue, refer to the ‘Getting Started: Do I need Approval’ page of this website for information on how to answer this question.
Do I need to submit plans with my application?: Many applications lodged with Council require the submission of plans. All development type applications such as development applications, construction certificate applications, subdivision certificate applications, complying development certificate applications and section 68 local activity approvals would require the submission one or more different types of plans.
I’m about to buy a block of land, how do I find out what I can do on it?: Refer to the ‘Buying Property’ page .
I am starting a business from home; do I need approval from Council?: Many types of Home Businesses do not require Council approval, however it is recommended that you seek written confirmation from Council that approval is not required. To do this write to the Planing & Development Enquiry Counter including details of your location and type of business.
Do I need Council consent to live in my shed?: Yes. Council and the Building Code of Australia (BCA) have requirements that must be met in order to use a structure as a dwelling. These standards are there to ensure that minimum requirements are met for fire safety, ventilation, access and the protection of the environment.
Do I need approval for my footpath sign and why?: Approval under the Local Government Act is required to display any sign or goods on public footpaths. Council has a specific policy that regulates the use of this land by private businesses. The primary function of a footpath is to facilitate pedestrian access and all signage, goods and street dining must adhere to Council’s policy.

Property

What is the smallest size block you can have dual occupancy?: Within a residential zone under the Mid-Western Regional Interim LEP 2008 you can have an attached dual occupancy on 600m2 and a detached dual occupancy on 800m2. There are no minimum area requirements for Village zones in the Rylstone LEP 1996. All proposals must comply with the standards within the Residential Development Control Plan (DCP).
Can you tell me what zoning my property is if I give you the property details?: For information about obtaining your zone refer to the ‘What is my Zone?’ page of this website.
What is a LOT and DP number?: A Lot and DP is the legal description of a land parcel. A lot number corresponds to the lot number within a subdivision. The DP is the Deposited Plan number and signifies the subdivision plan that was registered with the Land Titles Office.
Can I subdivide my block?: Refer to the ‘Subdivisions’ page within the Getting Started section of this website for details on subdivision.

Noise

I live near a coal mine, the noise is disturbing my sleep. Who do I contact?: If you know which coal mine is causing the noise then you should contact them direct. You should also ring the Department of Environment and Climate Change (EPA) as they are the appropriate regulatory authority under the Protection of the Environment Operations Act to deal with scheduled premises such as coal mines.
My neighbours continually ride motor bikes on weekends–Can Council help me?: In the first instance, you should let your neighbour know that the noise is affecting you. If this fails to solve the issue you should contact Council or the NSW Police. It is not an easy matter to settle as all land owners have the right to enjoy their property so long as they are not creating a nuisance for a neighbour. Council would need to determine whether the activity is exceeding noise limits.

Swimming Pools

How deep can my pool be before a fence is required?: A pool only needs to be 300mm (1 foot) high in order for a child proof fence to be mandatory under the Swimming Pools Act. It is important to note that this applies to all pools including inflatable blow up pools.

On-Site Sewerage Management System

What are the requirements for septic tanks?: You are required by legislation to register a septic tank and to get approval from Council for its installation. The type of system you are required to have will be dependent upon the risk of contamination and the proximity to water courses and other sensitive parts of the landscape. Refer to the Septics Tanks page.

Miscellaneous

Can you give me my neighbours name and address as I need to contact them?: Council is bound by privacy laws just as many businesses and individuals are. Council may release details of one neighbouring property if your request is provided in writing and a justifiable reason has been nominated
My neighbour’s tree is overhanging my fence, can I remove this branch?: Council recommends that you discuss the matter with your neighbour before carrying out any work. Approval may be required by Council where the tree is protected by a Tree Preservation Order or within a Heritage Conservation Area.
How many chickens can I keep in town and can I have a rooster?: The NSW Exempt & Complying Development SEPP allows a maximum of 10 chickens and no roosters however; there are setback and height requirements that must be met. It is recommended that you refer to the SEPP for full details.
What are the regulations on chimney smoke?: The Protection of the Environment Operations Act provides regulations regarding air pollution. Council may conduct a ‘smoky chimneys survey’ and where there is excessive smoke, Council can issue smoke abatement notices.
My neighbour has commenced building works, why wasn’t I notified?: Many types of development do not require Council approval and therefore would not be notified to the neighbours. Council’s Notifications Policy does not require all development applications to be notified. It may also be the case that the work is proceeding unlawfully.
A block I am looking at buying has a covenant of no fences-can I still build?: There may be a restriction on the site, such as flooding or heritage that restricts your ability to erect a fence on the property. Generally Council’s Local Environmental Plan does not recognise private covenants.
How far from a dwelling can I keep horses or cattle in town?: Under the Local Government Act, horses and cattle must not be kept within 9 metres of a dwelling, school shop, office, factory, workshop, church, public hall or premises used for the manufacturing, preperation or storage of food.